SH. RAJ KUMAR Vs. SMT. DARSHAN KAUR

JUDGEMENT

(1.) THIS is tenant's revision petition against whom eviction order has been passed by both the authorities below.

(2.) THE landlady Darshan Kaur sought the ejectment of her tenant Raj Kumar from the demised residential premises alleging that it was on a monthly rent of Rs. 20/ - besides water -tax with the tenant. He was habitual offender in the payment of the rent and water -tax. The rent for the period from July 1, 1977 to August 31, 1981 amounting to Rs. 1,120/ - besides water -tax was due from him. The ejectment application was filed on August 27, 1981. She had also filed an ejectment application earlier for non -payment of rent for the period from January 1, 1977 to February 28, 1979 which was dismissed for default on January 18, 1982.

(3.) THE learned Counsel for the tenant -Petitioner submitted that even if the application was not barred by the principles of res judicata, it was barred under Order IX Rule 9 of the Code of Civil Procedure. In support of the contention, the learned Counsel relied upon Mehtab Singh v. Tilak Raj Arora (1988 -1) 93 P.L.R. 269. According to the learned Counsel, since the earlier ejectment application for non -payment of rent was dismissed for default, the second application on the same cause of action was not maintainable.